TINDAK PIDANA ILLEGAL FISHING DI PERAIRAN INDONESIA MENURUT UNCLOS III TAHUN 1982 DAN HUKUM NASIONAL Indonesia (Studi Kasus: Penegakan Hukum Tindak Pidana Illegal Fishing Di Perairan Natuna)

Abstract

ABSTRACT

Illegal fishing constitutes a transnational crime that poses serious threats to state sovereignty, the sustainability of marine resources, and Indonesia’s national economy. As the world’s largest archipelagic state, Indonesia possesses vast maritime areas rich in living marine resources, including the Natuna waters, which are strategically located within Indonesia’s Exclusive Economic Zone (EEZ). However, this region has frequently become a target of illegal fishing activities conducted by foreign fishing vessels. This research aims to analyze the regulation of illegal fishing crimes in Indonesian waters under the United Nations Convention on the Law of the Sea (UNCLOS) III of 1982 and their implementation within Indonesian national law, particularly in the context of law enforcement in the Natuna waters. The research employs a normative legal research method, using statutory, conceptual, and case approaches. The findings indicate that UNCLOS 1982 provides a strong legal foundation for Indonesia as a coastal state to exercise sovereign rights in managing and enforcing laws over fisheries resources within its EEZ. These international legal provisions have been incorporated into Indonesia’s national legal framework through Law Number 31 of 2004 on Fisheries, as amended by Law Number 45 of 2009. Nevertheless, the practical enforcement of illegal fishing laws in the Natuna waters continues to face various challenges, including limited facilities and infrastructure, jurisdictional complexities, and geopolitical dynamics. Therefore, strengthening coordination among law enforcement agencies and improving legal policies are necessary to ensure more effective law enforcement against illegal fishing in Indonesian waters.